MEWA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant has preferred this appeal under Section 374 Cr.P.C. against the judgment of conviction and order of sentence dated 19.8.2008 passed by Special Judge (N.D.P.S. Cases) Jaipur in Sessions Case No. 37/2005 whereby the appellant has been convicted for offence under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter to be referred as the Act") and has been sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 1 lac and in default thereof to further undergo rigorous imprisonment for one year.

(2.) The, brief relevant facts for the disposal of this appeal are that the appellant was charge-sheeted for the above offence on the premise that on 30.7.2005 when a truck bearing registration No. HR-37-A-6847 was searched by S.H.O. Police Station Transport Nagar, Jaipur in presence of independent witnesses narcotic drug 'Doda Post Chura' (poppy husk) weighing 1989.500 kgs. contained in 49 bags was recovered from the above truck and at the time of recovery the above bags containing contraband were loaded in the above truck concealed below 88 bags of turmeric (Haldi). At the time of recovery the appellant was sitting on the driver seat of the truck. F.I.R. No. 162/2005 for the offence under Section 8/15 of the Act was registered at Police Station Transport Nagar, Jaipur in this regard. To prove the charge the prosecution produced oral as well as documentary evidence, whereas in his statement under Section 313 Cr.P.C. the appellant denied the allegation and the evidence of the prosecution and stated that he is innocent and he has been involved in a false case. The appellant also ,stated that he is earning his livelihood as driver of a truck. Opportunity to produce defence evidence was afforded, but the appellant did not produce any evidence. The prosecution case is that on 30.7.2005 at 4.00 p.m. the S.H.O. Police Station Transport Nagar, Jaipur through an informer received secret information to the effect that the above truck is parked opposite Vijay Road lines, Transport Nagar, Jaipur and in it along with bags of turmeric bags of poppy husk are loaded in a concealed condition and the driver and Khalasi of the truck are sitting in the truck and they are planning to transport the contraband at any time. The prosecution case further is that the S.H.O. after recording the information alongwith the police party and two independent witnesses reached at the spot at 5.00 p.m. and two persons including the present appellant were found sitting in the aforesaid truck and upon search being made recovery of contraband was made as aforesaid.

(3.) The trial Court after evaluating the statements of prosecution witnesses and documents and hearing both. the parties arrived at the conclusion that the recovered substance is a contraband as the F.S.L. report reveals that the sample on microchemical examination gave positive tests for the presence of chief constituents of opium and hence the sample is of dried crushed capsule of opium poppy. The trial Court also arrived to the conclusion that the recovered contraband is more than the commercial quantity as provided in the provisions of the Act and the compliance of every mandatory provisions of the Act was made by the Recovery Officer during investigation. Therefore, on the basis of conclusion arrived at by the learned trial Court the appellant was convicted and sentenced by the impugned judgment and order dated 19.8.2008 in the manner as has been stated hereinabove. Hence, the instant appeal. It is to be mentioned that the other person Indrajeet Singh alias Babbu Singh, who was found sitting alongwith the appellant was a juvenile and his case was transferred to the Juvenile Justice Board for further action.